NFLPA doc: Financial actions 'may be criminal'

A criminal investigation into finances of the NFL Players Association includes potential misuse of funds and self-enrichment by union officials, according to a confidential document obtained by ESPN.

The scope of the federal investigation was outlined in a memo, titled "Crisis Management," drafted by a senior union attorney and shared with the NFLPA's Executive Committee and player representatives this week.

The document, confirmed by multiple sources who had seen it, says the union is "now on notice of financial actions that may be criminal" and that the union faces "immediate threats requiring prompt actions."

The document, delivered just days after executive director Lloyd Howell Jr. and director of strategy J.C. Tretter both resigned, details the biggest crisis in the union's 68-year history. Under bulleted "immediate threats," the memo cites potential action by the National Labor Relations Board over "unfair labor practices" and a "lapse of fiduciary duty oversight practices during Howell tenure."

The document does not specify which individuals may be under criminal investigation.

Howell has not responded to multiple attempts by ESPN to reach him in recent weeks, and his attorney did not immediately respond to a call. When reached for comment Friday, Tretter said he's not under investigation.

A player who received the document by email said it contained "some things people should think about."

"There's good advice about what we should think about moving forward," the player said Friday.

A union spokesperson declined to comment. A source familiar with the memo said it is "reflective of one's person's views and recommendations."

In May, ESPN reported that the FBI was investigating financial dealings involving OneTeam Partners, a $2 billion group-licensing firm co-founded by the NFLPA and the Major League Baseball Players Association in 2019 to monetize athletes' name, image and likeness. Howell and MLBPA head Tony Clark held board seats at OneTeam.

"Government is watching response [and] could quickly ramp up and expand scope of existing DOJ criminal investigation," the document states. "Board [and] Officers need to show government [and] fellow union members that they are acting immediately to find out depth of problems at union [and] related entities."

Marked "privileged" and emblazoned with the union logo on each page, the document says the players' association is left with a "leadership vacuum," and it urges player reps to take "prudent and definitive actions" to avoid Justice Department-ordered, court-supervised oversight of the NFLPA..

Howell's two-year tenure at the NFLPA was marked by apparent conflicts of interest and a culture of secrecy that came to light in a series of recent ESPN reports.

On Jan. 14, an arbitrator ruled that there wasn't enough evidence to show that owners had colluded to prevent players from getting fully guaranteed contracts. But the arbitrator did find the NFL's management council encouraged owners to reduce guaranteed money.

Howell struck a confidentiality agreement with the league to keep details of the ruling from the NFLPA's executive committee and player reps. The document states that: "NLRB can order union to pay 'direct or foreseeable pecuniary harms' caused by unfair labor practices - meaning $$$."

Five candidates to be interim executive director are identified in the document as part of the union's "triage plan." Four of the five are former NFL players. The NFLPA hasn't been led by a former player since Gene Upshaw served as executive director for a quarter century from 1983 until his death in 2008.

Three of the candidates are current union insiders: Lester Archambeau, a former player who is currently senior director of player affairs; Don Davis, a former player who is now chief player officer; and Teri Smith, who has served as the NFLPA's chief operating officer since 2022.

The two named outside candidates, both former players, have held senior NFLPA leadership positions: Domonique Foxworth, who served as NFLPA president from 2010 to 2014, and his successor in that job for six years, Eric Winston.

The source familiar with the matter "reiterates that those candidates are one person's recommendation, and are not necessarily reflective of the player's current process." Players were told that hiring an outsider to manage the NFLPA's crisis might be advantageous because it's unclear how deep "the problems may be," the union memo says. "You are lucky to have two very accomplished recent NFLPA Presidents who might be willing & able to take leaves of absence from current employers." Foxworth is currently an ESPN commentator. Winston is the president of Winners Alliance, a players' licensing and sponsorship firm.

The interim executive director should be willing to serve for 12 months, though the term might be shorter if the player reps decide to hire a permanent executive director sooner, according to the document.

"Expectations of the interim should be clearly enumerated with clear work and reporting plans adopted to keep [Executive Committee] & Board regularly informed on a detailed basis," the document says.

The memo also reveals the possibility that players might sue the union for the January collusion decision.

In addition, the document warns player reps that there is "no oversight" of an investment advisor for the union's discretionary funds - "$1.2B YOUR DUES."

The 32 player reps may select a new executive director as early as this weekend. The memo suggests to players that it "may be prudent to ask a uniquely qualified outside person to serve as the union Triage Manager."

The memo also says that none of the interim executive director candidates should be required to pledge that they won't seek election to become the union's permanent leader.

Multiple sources close to the union said another possible candidate to step in as interim executive director job is DeMaurice Smith, who preceded Howell as leader from 2009 to 2023. A person close to Smith, who has written a tell-all book that will be published early next month, said the former union boss isn't interested in returning to the NFLPA.